-MODULE 11MARINE PROTECTED AREAS
-SPECIAL LEGAL CONSIDERATIONS FOR NATIONAL
FRAMEWORKSExercise 1
Thinking about the Regulation of Activities and Compliance and
Enforcement for MPAs
OBJECTIVES AND INSTRUCTIONS
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Nature of the Exercise
o Knowledge-reinforcing exercise
o Large Group Exercise
o Factual Scenario/Generic Example
o Legal Analysis
o Discussion Forum
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Purpose of the Exercise
o Build awareness of the kinds of activities that require regulation in the
marine context and the particular challenges posed to compliance and
enforcement efforts.
o Provide Learners with an opportunity to practically use their knowledge.
o Develop Legal drafting skills.
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Structure of the Exercise (times are indicative, may vary according to
audience and setting)
o Introduction by Educator (10 minutes)
o Large group exercise (60 minutes)
o Joint group discussion (30 minutes)
o Consolidation by Educator (20 minutes)
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Methodology/Procedure
o Divide Learners into two groups.
o Introduction to the Exercise - facilitated by pre-prepared presentation (10
minutes.)
 Explain the nature and purpose of the Exercise
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Briefly introduce and describe a generic factual scenario provided of
a fictional ocean area proposed to be declared a marine protected
area (Annex A and accompanying map Annex B). Alternatively, the
Educator may wish to select a real-life example of an ocean area
from the region or situations of the Learners that is currently or
potentially under consideration for designation as an MPA.
Highlight that the generic scenario (or other example) provides the
kind of information that normally needs to be considered when
declaring any MPA and should be primary input for their analysis.
This information includes the general state of health of the marine
ecosystem, particularly sensitive areas needing protection,
activities currently or potentially in the area, local community and
traditional ties to the area; and threats from human activities,
including illegal fishing.
Introduce the task – explain that the Government of Atlantis has
assigned them the task of making recommendations on the
regulatory framework for the proposed MPA in light of the factual
scenario (or real example) provided.
Instruct the groups to read carefully through the factual scenario
(or other example). Drawing from the knowledge conveyed in the
Seminar Presentation, instruct the groups work together to discuss
and offer recommendations, with particular consideration to the
following:
 which activities require regulation,
 how such activities might be regulated,
 what innovative measures could be put in place in terms of
legislation to implement an effective compliance and
enforcement regime, and ensure collaboration across the
many management needs and interests.
Emphasize that there is no one correct answer, but that there are
some critical key aspects that will need attention in the
designation, management, and implementation which they should
try to identify as a group. Repeat again that the purpose of the
exercise is to become familiar with how management challenges
need to be translated into legal provisions specifically for MPA law,
particularly taking into account the scientific gaps that need to
continue to be filled on interactions between near-shore and deepwater areas and biodiversity in the marine environment.
Indicate that the groups will have about 60 minutes to complete
the task and that they may use the pre-prepared common
Worksheet (Annex C) (or make up their own) to record notes and
recommendations. To facilitate their work, they should nominate a
scribe to take notes and a rapporteur to report back to the group.
During this time, the Educator will rotate among the two groups to
answer questions and stimulate discussion. The Educator will
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facilitate the work of the Learners by providing copies, as needed
and useful, of any of the slides shown in the pre-prepared
Presentation, and paper and pens/pencils.
Joint group discussion (30 minutes)
 All Learners will then come back together as a group and both
groups will present their recommendations (approximately 15
minutes each).
Consolidation by Educator (15 minutes)
 The group presentations will be followed by a discussion, facilitated
by the Educator, of the activities that require regulation and the
particular challenges for compliance and enforcement.
The
Educator may draw upon a pre-prepared Summary of Possible
Responses for the generic factual scenario (Annex D) or generally
highlight the most relevant issues if another example is used. If
the generic factual scenario is used, the Educator may wish to
provide a hard copy of Annex C and work through it systematically
with the Learners.
Additional Notes for the Educator
o This Exercise is based on a fictional Case Study with a view to ensuring
that it remains universally relevant and contemporary.
o The Educator may want to substitute the fictional Case Study with an
actual case study from their region/jurisdiction and, if so, the Educator
would need to adapt the three Annexes accordingly.
o The Exercise is based on a fairly complicated fictional Case Study with a
view to ensuring that it challenges Learners with a fairly high level of
skills/expertise.
o The Educator may want to edit/simplify the fictional Case Study
depending on the level of capacity and needs of the Learners and the
specific goals of the seminar, and in this case the Educator would need to
adapt the Annexes accordingly.
o Annex D provides a Summary of Possible Responses. It is important to
remind the Learners that there is no one correct answer. The suggested
responses highlight key areas needing attention through some regulatory
means, and some legal mechanisms that facilitate compliance and
enforcement. Learner analyses of the factual scenario (or alternative
case provided by the Educator) may identify additional concerns, issues,
or potential situations drawing also from their own experiences that are
raised by the case and deserve special attention for regulation.
o Remind the Learners to keep in mind that the purpose of this exercise is
to become familiar with how management challenges need to be
translated into provisions on regulations, enforcement and compliance
specifically for MPAs, taking into account the special features, threats, and
scientific gaps in marine biodiversity and how land/coastal/marine areas
interact, connect, and affect each other.
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RESOURCES
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Introductory presentation
Generic factual scenario for a fictional ocean area in the country of Atlantis
proposed as an MPA (Annex A and accompanying map Annex B)
Worksheet for Learners (Annex C) (optional)
Summary of Possible Responses (Annex D)
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ANNEX A – FACTUAL SCENARIO
THALASSA ARCHIPELAGO OF THE COUNTRY OF ATLANTIS
(An ocean area in the country of Atlantis proposed for an MPA)
Nature and biodiversity features of the proposed area: The nation of Atlantis has
within its marine waters under national jurisdiction a group of several small islands
called the Thalassa Archipelago which contains an exceptional array of natural and
cultural resources of global significance. Its extensive coral reefs are home to over
7,000 marine species, one third of which are thought to be found only in the
Archipelago. Many of this chain of islands and shallow water environments are
important habitats for rare species such as the threatened green turtle and an
endangered seal that is endemic to the region. The islands also serve as important
habitat for millions of seabirds representing 20 species that breed and nest there.
The land areas of the islands are home for 3 species of bird found nowhere else in
the world. Several plants and animals known to occur in the area are listed by
IUCN as endangered or threatened. These include several species of marine
mammals, sea turtles, and terrestrial birds. This region is considered an endemic
‘hot spot’ important for global biodiversity conservation. Very little is known about
the specific biodiversity, particularly of the deep water areas.
The area already includes two conservation areas managed by different agencies:
the Sirena Coral Reef Reserve managed by the Atlantis Department of Protected
Areas within the Ministry of Environment, and the Tane Atoll Wildlife Refuge
important for its significant seabird colonies and managed by the Atlantis Wildlife
Service within the Ministry of Fisheries and Agriculture. The Ministry of Cultural and
Indigenous Affairs also wants to ensure long-term protection of several sacred and
culturally significant sites, especially on Ceto and Ahti islands.
Scientists have recommended the western portion of the Thalassa Archipelago, a
vast, remote, and largely uninhabited region of small islands, islets, and atolls, be
declared a marine protected area (see proposed boundary on Map, Annex B). The
purpose would be to provide long-term protection of the area’s significant
biodiversity, ecological, scientific, cultural, and spiritual qualities. Scientists have
advised that an ecosystem approach to management of the proposed area is
essential.
Activities currently or potentially in the area: A number of activities currently occur
or have potential in the area. Key activities are highlighted below:
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Domestic hook and line fishing: Bottom fishing using a hook and line method
has played a major role in the economy and culture of local and traditional
communities for decades. Through self-regulation, the local fishing communities
do not take precious coral or coral reef species because of traditional knowledge
about their importance for sustaining the commercial fishery. Annual catch
limits have been scientifically determined to keep the species sustainable and
normally the annual harvest is below those limits.
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Tourism: A fast expanding tourism sector made up mostly of small operators
and individual entrepreneurs has activities in the proposed area. Most visitors
are day-tourists coming by small boats to enjoy the beaches, do recreational
diving on the reefs, or sport fishing. As tourism has increased, tour operators
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and fishing boat captains have started bringing tourists in large boats, anchoring
off-shore because of the lack of docks or moorings, and bringing clients for
snorkling or fishing sharks and other trophy fish, and this is an area of growth.
There is only one small, seasonal tourism hotel/café facility for one-night stays
currently on the largest island, Addonia.
This facility is next to the
Government’s biological research station (which also serves as a small visitor’s
centre). Visitors and supplies come either by small boat which can tie up at the
local dock or by small seaplane which can land at a nearby airstrip on the island.
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Sand mining: Presently there is no regulation of sand mining, a coastal activity
associated with development. The current method is to load small boats with
buckets of sand using manual labour and then transporting the sand to larger
barges anchored nearby. The sand is used for both construction on the
mainland, and for renourishment and maintenance of the small coastal airstrip
on Addonia.
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Cruise ship visits: Cruise ships pass by the area but only one small cruise ship is
authorized to stop each year at Addonia because it can fit at the existing dock.
The cruise ship industry is putting pressure on government to increase cruise
ship visits which would require refurbishing and lengthening the existing dock,
or constructing a new state-of-the-art dock for large cruise ships. Installation of
such a facility would require dredging a deep channel, removing millions of cubic
meters of coral and associated material, with sediment impacts likely on
surrounding corals and destruction of beach and wildlife habitat.
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Scientific research: Several vessels are engaged in research activities in the
proposed area. These include a government vessel, internationally-supported
research vessels doing biological, physical, and chemical studies, and private
sector vessels testing for mineral and bioprospecting possibilities.
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Threats: Despite their remote location and largely uninhabited condition, the
area proposed for declaration as an MPA is subject to a wide range of threats.
In addition to potential threats from unsustainable tourism, should that sector
expand unregulated, and pressures to expand cruise ship access, as noted
above, there are several other specific threats needing attention:
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Marine pollution: Marine debris is a particular problem, especially derelict fishing
nets and lines, cargo nets, discarded plastics, vessel waste, and containers of
hazardous waste lost at sea or intentionally dumped at sea and carried by
currents to shallow water environments of the area. Vessel waste generally
consists of solid waste, sewage, gray water, and bilge water, all of which may
contain a number of pollutants. In addition, accidental and routine intentional
discharge of ship ballast water in ocean areas surrounding the proposed MPA is
an ongoing threat. Increasing ocean operations in the region from international
fisheries, cruise ships, and commercial shipping lines have seemed to coincide
with an increasing amount of marine debris and pollution ending up in the
proposed MPA area. In recent years, due to more severe storms attributed in
part to climate change, vessel groundings on submerged reefs and shoals have
increased and become a growing threat to the proposed MPA through release of
fuel, cargo, and other items.
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Invasive alien species: This has become a growing concern for scientists
monitoring the proposed area. Marine alien species are transported by such
mechanisms as marine debris and ship hulls. Ballast water discharged from
ships also is one of the primary means for introduction and spread of aquatic
nuisance species and invasive alien species.
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Commercial fishing operations: These operations have proliferated in the region
in recent years as global demand for fish has grown. There have been sightings
of foreign industrial fishing boats doing trawling in the proposed MPA area and
environs; if true, they are illegal operations since the government has no record
of issuing foreign fishing permits for that area or method, but prosecutions have
not been made because of lack of patrol boats and surveillance capacity to catch
violators. Pressure is growing on government to license domestic and foreign
industrial fishing vessels to fish, particularly large ocean predators such as tuna
and shark, for the much-needed revenues that could be gained from license
fees. The foreign fishing fleets are pushing for permission to fish using the
bottom trawling method, a technique that uses a large net with heavy weights
dragged across the seafloor, harvesting everything in its path, from the targeted
fish to incidental catch including corals.
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ANNEX B – MAP OF THALASSA ARCHIPELAGO OF THE COUNTRY OF ATLANTIS
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ANNEX C – WORKSHEET FOR THE LEARNERS
YOUR TASK
The Government of Atlantis has assigned you the task of making recommendations
on the design and regulatory framework for a proposed MPA with the boundaries
encompassing land and sea areas generally as reflected in the map provided in
Annex B. Carefully read through the factual scenario provided in Annex A and,
drawing from the knowledge conveyed in the Seminar Presentation, work together
to discuss and offer recommendations.
Give particular consideration to the
following:
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which activities require regulation
how should these activities be regulated, and
what innovative measures could be included in the legislation to implement
an effective compliance and enforcement regime.
This pre-prepared worksheet (or one you make up yourselves) is an aid for guiding
the group discussion and recording recommendations you decide are important,
particularly in response to the three considerations noted above. Expand or adjust
the table as you see fit. From your group, nominate a scribe to take notes and a
rapporteur to report back to the joint group.
I. Activities to Regulate
Activity
How to Regulate
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II. Innovative measures for compliance and enforcement
Activity
Measures to consider
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ANNEX D – SUMMARY OF POSSIBLE RESPONSES (for the Educator)
I. Activities to Regulate
Activity
Hook and line domestic
commercial fishing
How to regulate
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Commercial fishing
using the bottom
trawling method
Industrialized fishing
for predatory fish
(tuna, shark, etc.)
Sports fishing
Indigenous and traditional fishing -- continue to permit for
bottom fishery using the hook and line method
in
designated areas where stocks are healthy and pursuant to
a management and monitoring plan to ensure sustainable
use; indigenous representatives knowledgeable about the
fishery should participate in preparing the management
plan and overseeing monitoring of areas and catch limits.
Domestic commercial fishing operations –Depending on
further surveys of the area and stock supply, the possibility
should be provided for a set number of domestic
commercial fishing licenses to be issued each year, or
seasonally, for domestic operators of boats no longer than
20 meters to fish for commercially-valuable species, with
catch limits as needed, designated areas, and other
conditions, including restricting the method to be most
selective and least harmful to the resource and
environment; such permission would need to be
conditioned on following the management plan, regular
monitoring and record keeping on catch and stock health.
Such areas could be given an IUCN category VI designation
in the management plan. This should be a negotiated
arrangement
involving
fisheries
scientists
and
representatives from the indigenous fishing community.
Part of the license fees could be returned to the indigenous
fishing community to support their monitoring and
surveillance work (see below).
Foreign fishing fleets should be prohibited from fishing in
the MPA and its buffer zone, even should they be using
legal fishing methods.
In general, the management plan for the area should
identify no-take zones where no fishing would be allowed
in order to protect the stock and promote recovery as well
as to protect fragile ecosystems, such as coral reefs.
Should be prohibited throughout the Atlantis marine waters
under national jurisdiction, with penalties at least double for
violations within the MPA or within a sufficiently extensive
buffer zone around the MPA to protect species and habitat
connectivity.
Regulations should prohibit any industrial fishing inside the
MPA.
Needs regulation. No sports fishing should be allowed in
designated no-take zones of the MPA. Otherwise, allowed only
in designated areas in the management plan and on a map
and for designated species with catch and size limits.
Annual/seasonal licenses should be required l) for sports
fishing charter boats subject to fees and other conditions such
as reporting, 2) for individuals fishing from pleasure boats
subject to appropriate fees and conditions. Fees may be
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Bioprospecting, oil or
mineral exploitation,
and sand mining
Tourism operations
Invasive alien species
Anchoring vessels
Cruise ships
Special regulations for
the island of Addonia
differentiated by whether the person/operator is from Atlantis
or a visitor.
Regulations should prohibit these activities within the MPA and
in a sufficiently extended buffer zone to protect the resources
and ecosystem of the MPA.
Subject to scientific analysis and using the ecosystem-based
management approach, the management plan may indicate
some sites for day tourism to be allowed by general rules.
These rules should prohibit the deposit of any garbage on the
islands, disturbing any birds at any time, disturbing or taking
any marine material including corals, sea grass, kelp, or sea
shells. During nesting season for birds and sea turtles, the
nesting beaches and inland habitats would be closed. Because
of the remoteness of the area and the need to protect both
nature and the public, no overnight camping or fires would be
allowed. Regulations would require that tourism operators
would need to be registered with the government and would
need to obtain a license to take paying groups to these
permitted sites, whether for swimming, snorkling, birding, or
simply a boating tour. The government would also adopt
guidelines for ecologically sustainable tourism.
Regulations should prohibit any person from bringing any plant
or animal into the MPA, including any live fish or other
organism, and any marine debris because of the possibility
that such debris may be a transport mechanism for aquatic
alien species that could bring disease or be invasive.
An
exception may be granted by permit from the proper MPA
authority for authorized scientific or management purposes in
order to restore critical marine or terrestrial habitat and then
only with species that are native or non-invasive and so
certified.
Because of the potential negative impact on the ecosystem,
regulations should prohibit the anchoring on any living or dead
coral with an anchor, anchor chain or anchor rope. It also
should be prohibited to anchor on another vessel that is so
anchored. The management plan for the MPA should indicate
where it may be possible to anchor a vessel, where such
vessel is of a type authorized to be in the area, and should
specify and strictly regulate how the anchoring must be done.
Because of the potential environmental threat to the MPA from
cruise ships, and concerns that increasing boat and foot traffic
on the main island, Addonia, will be difficult to manage,
regulations should prohibit the docking of any cruise ships at
Addonia (the only island that presently has a small dock) once
the area is declared protected. The small one cruise ship
currently allowed to visit Addonia each year should now be
required to offload passengers just outside the boundary of
the MPA nearest the lagoon entrance to Addonia (about 5
kilometers/3 miles) and transport them ashore in small boats.
In addition, with the designation of the MPA, the proposal from
the cruise ship industry to expand the dock and landing area
of Addonia for large cruise ships should be declined. Finally,
cruise ships should be prohibited from operating in and
transiting through the MPA or its buffer zone.
This island will probably be the most heavily trafficked by
visitors and researchers. The current tourism hotel/café may
continue to operate under specific regulations on numbers of
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visitors per season, conduct, access and use of the island. It
should not be expanded in any way that would threaten the
natural features of the area. The biological research station
also must continue to function, as the only on-site field
station, with associated regulations controlling noise, number
of researchers, and disposal of waste.
The current dock
should be maintained using the safest and least damaging
methods for the surrounding marine and shoreline area.
The
small air strip also should be maintained and allowed to
continue to operate, although the number of flights should be
strictly regulated and controlled so as to match visitor
capacity, and to minimize light and sound disturbance; the
airstrip should be swept prior to each landing and take-off to
minimize wildlife injuries.
Special regulations for
Ceto and Ahti Islands
The management plan and its zones should recognize these
islands for their special natural and cultural values. Working
with the indigenous peoples, regulations should be developed
to ensure their continued ties and connectedness to these
islands and their surrounding waters, and their use and
management of the special sites. Regulations may include
restrictions on access by non-indigenous groups as well as
specific management and use requirements to maintain the
natural features,
cultural and archaeological values and
aesthetics. (see below also)
Special regulations for
Tane and Sirena
Special regulations that are in place for the Tane Atoll Wildlife
Refuge and Sirena Coral Reef Reserve may continue once the
area is declared an MPA and any MPA regulations applicable to
these sites should be at least as strict as the current ones. In
addition, once overall MPA regulations have been issued, it will
be important to review the existing regulations for the Refuge
and Reserve to see if they need strengthening or updating.
Research vessels
Regulations should require that any non-governmental,
private, or commercial vessel wanting to engage in scientific
research in the MPA must apply for a permit specifying the
specific purpose of the research, site involved, length of time,
and expected results. Conditions and fees should be attached,
including sharing the scientific information obtained.
Pollution
General regulations should prohibit the discharge or dumping
of any substance or vessel waste into the waters of the MPA.
Regulations should specify that this includes solid waste,
sewage, grey water and bilge water. In addition, regulations
should prohibit the dumping or deposit of any waste of any
kind, whether solid or liquid, on the terrestrial areas of the
MPA. Due to the remoteness of this area, users should be
educated about the importance of keeping the area pristine,
the harm such pollution can do to the ecosystem and marine
life, and the difficulty of even maintain garbage cans at
tourism sites because of the maintenance and cost involved.
Vessel groundings
Many types of vessels may end up operating in the MPA –
indigenous and domestic fishing and recreational vessels,
small cruise ships, research vessels, enforcement boats, and
military ships. Other vessels such as freighters and tankers
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may be transiting nearby. Due to bad weather and sea
conditions, such vessels may run aground and release fuel,
cargo, or other items that pose a real threat to the MPA. while
it is difficult to anticipate such accidents, regulations should
require that –
 nautical charts of the area be as detailed and accurate as
possible in showing shallow submerged reefs and shoals,
and be regularly checked and updated especially after
storm events;
 contingency plans be developed and put in place for oil
spills or other spills of hazardous materials resulting from
vessel groundings;
 emergency response and natural resource damage
assessment plans should be developed to reduce threats to
the MPA and its resources.
Ballast water discharge
Ballast water discharged from ships is one of the primary
pathways for the introduction and spread of marine invasive
alien species.
Regulations should require a ballast water
management programme for all vessels equipped with ballast
water tanks that enter or operate in Atlantis.
Those
regulations also must prohibit the intentional discharge of any
ballast water or sediment within the MPA. The regulations also
should authorize an extended buffer zone around the MPA,
taking into account currents and wind, within which no ballast
water or sediment can be intentionally discharged in order to
protect the MPA especially from introduction of invasive alien
species.
Marine debris from
outside MPA
One of the major current and increasing threats to the pristine
and remote environment of the Thalassa MPA will continue to
be the influx of marine debris from outside the MPA, in some
areas already reaching several metric tons of derelict fishing
gear, plastics and hazardous waste.
Because much of the
debris comes from international activities and unlicensed
fishing, efforts of Atlantis and MPA authorities to prevent or
regulate this threat are complicated. It is important for the
MPA regulations to promote collaborative efforts to regularly
remove marine debris that accumulates in the area.
Moveover, ongoing marine debris survey work and collection
activities should give priority to those areas which seem to
have accumulated the most debris, with regulations to
promote and give incentives for participation by marine users.
Volunteer efforts to remove debris from the most sensitive and
fragile areas where they may be ingested by seabirds and
other marine organisms feeding at sea or caught on coral reefs
are especially important to recognize and promote.
In
addition, the MPA authorities should be empowered to work
with other agencies and the private sector to start recycling
and disposal programs for old fishing lines, fishing nets, and
other fishing gear that is no longer used.
In addition, the government of Atlantis should work with the
International Maritime Organization to designate the MPA as a
Particularly Sensitive Sea Area (PSSA) in order to obtain the
additional protection that designation provides by making
operators of passing ships aware they are traveling through a
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fragile area. Also, designation should be sought to have the
MPA declared a Special Areas (SA) of the sea under the
International Convention for the Prevention of Pollution from
Ships and its 1978 Protocol. This designation requires ships to
adopt mandatory measures to prevent sea pollution, including
accidental and operational pollution from goods in packaged
form, sewage, and garbage. [see seminar module 10 for
discussion of PSSA and SA]
II. Innovative measures for compliance and enforcement
Activity
Measures to consider
Overarching goal
A key to effective enforcement within marine and coastal
protected areas, especially large and remote areas, is building
interest in local communities and the private-sector to protect
the resources through self-enforcement for the good of all
over the long term. A few specific measures toward that end
are noted below that should be supported by law.
Build awareness
Provide in the law and regulations that one of the important
duties of MPA authorities is to undertake broad public and
stakeholder education programmes on the purpose of marine
and coastal protected areas, activities that are permitted and
prohibited in different sites, where the boundaries are located
and how they can be estimated from landmarks or sea
markers, and the benefits associated with collaboration.
Involve indigenous and
local communities
In Atlantis, there are long-standing, active and dedicated
indigenous and traditional communities which for centuries
have practiced sustainable fishing and marine resource
conservation, protected sacred island and marine sites for
cultural and spiritual purposes, and maintained strict
community-derived rules for managing, protecting, and
sustainably using these areas. Now that some of their sacred
places and dedicated fishing grounds are to be part of the
MPA, the law needs to provide authority to recognize their
continuing role in governance and management of those
zones, consistent with the zone’s conservation objectives.
Conservation agreements should be negotiated that include
their
ongoing
role
in
management
planning
and
implementation, supported by traditional knowledge and new
scientific understandings as they emerge about the changing
environment, including impacts from climate change, with
proper incentives, benefit sharing from any user fees, and
technical assistance as needed. These responsibilities, to the
extent the community feels qualified, may include help with
compliance and enforcement where local officers are available
and radio and satellite communications can be used to report
possible violations, marine debris, vessel groundings, wildlife
injuries, and other emergencies. To ensure this possibility, the
law or its regulations should recognize the possibility that an
“authorized enforcement officer” for purposes of MPAs should
include local community enforcement officers.
Where
enforcement tasks include police powers, formal training and
certification would be required.
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Involve domestic
fishing operators and
other stakeholders
Legal provisions also should authorize MPA authorities to
develop partnership agreements with commercial user groups
of the marine area, mainly fishing operations, for surveillance,
monitoring, and reporting on suspicious or offending
behaviour, and collaborating with enforcement agencies wneh
offences are prosecuted. This is particularly relevant for large
offshore marine areas.
Such agreements should include
appropriate training, technical assistance and incentives for
participation.
Involve nongovernmental
organizations
The number of non-governmental organizations concerned
about ocean conservancy and stewardship is steadily
increasing worldwide as awareness grows about the
importance of the oceans for the planet and increasing
evidence of major threats to the marine environment. Such
organizations are working to build awareness about the value
of our oceans, many focussing attention on major threats to
marine resources, especially illegal ocean fishing, marine
pollution, and accumulation of marine debris (particularly
plastics) in major parts of the ocean world, undertake surveys
and scientific research, and participate in removal operations.
Atlantis’ laws and regulations should authorize MPA authorities
to recruit participation of such organizations both to help
promote
education
about
compliance,
promote
selfenforcement among user groups, and monitor marine areas
for such things as marine debris and fishing violations.
Build regional
cooperation for foreign
fishing operations
With the extension of its fisheries jurisdiction into the
Exclusive Economic Zone (EEZ), foreign fishing will probably
still be an important part of the fishing scene in Atlantis for the
coming years. Developing a national fishing fleet capable of
harvesting the fishery resources of the EEZ is costly and
lengthy, particularly for fisheries requiring relatively
sophisticated catching techniques, such as tuna purse seining,
or for addressing other difficulties in catching or marketing.
Regulating existing foreign fishing operations with licenses and
fees is a necessary first step, even as Atlantis works to
develop its national fleet.
Once licensed, policing these
operations through surveillance and physical enforcement in
these extended zones and ensuring they do not wander into
the MPA or its buffer zone will still be prohibitively costly even
when substantial license fees can help.
To address this
problem, Atlantic needs to build regional ties and its regulatory
system needs to authorize initiatives at the bilateral, regional
and international levels that reduce the need for costly
physical enforcement, promote voluntary compliance, and do
not hamper fishing activities more than necessary.
Cooperative measures could include to:
 work with regional and international organizations to fill
in and widely distribute navigational charts (hard copy
and electronic)and keep them updated, particularly
showing MPAs, other marine conservation zones, reefs,
shoals, and deepwater;
 acquire, collate, and regionally share information about
fishing activities being licensed;
 come up with common modes of conduct, compliance
standards, and a uniform regional licensing scheme for
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Use new technologies
for monitoring and
surveillance
fishing vessel operators;
share data on the vessel numbers and size authorised
to operate in the region to get a clear and more
accurate picture of total fishing activity and capacity on
a region-wide basis;
have radio and telex reporting by the vessels
themselves on entry and departure from zones and
with catch reporting; use data to estimate annual
catches, management needs for the stocks going
forward, and allowable catches for the next season to
ensure sustainable use;
rely on aerial, remote and satellite surveillance to
monotir and detect possible violations on access and
report violators to a regional register so they are not
re-licensed or have restricted licenses and recognize
this across jurisdictions;
work regionally to set up transboundary marine
protected areas for important shared marine areas
needing protection.
The law and regulations should recognize and encourage the
use of new technologies and specialized equipment in remote
sensing and satellites to supplement traditional sources of
shipping information (navigation plans, ship logs) for
surveillance and enforcement.
For example, GPS (Global
Positioning System) can accurately identify whether vessels
are illegally inside the boundaries of a protected area, and
chemical analyses can identify and link specific pollutants to a
source.
Data from these technologies is increasingly
considered key evidence for prosecution of cases. In addition,
MPA authorities should monitor positional information received
from vessel-based Automatic Identification Systems and other
offshore intelligence data collected by other government
agencies to track and understand daily vessel traffic patterns
in and near the MPA and to communicate with vessels when
required.
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